Access question

All about trout fishing in the great Garden State!
PortMurrayAng
Posts: 67
Joined: Tue Apr 24, 2018 11:06 am

Access question

Post by PortMurrayAng » Sat Mar 14, 2020 5:44 pm

I am sure this has been discussed before, so forgive me if this has been covered.

Here is the hypothetical: I am fishing between two bridges, lets say a quarter mile apart. Each bridge is posted as stocked water. Is the whole stretch wadeable between the bridges?

If yellow Posted signs are along the bank, that means stay off the bank, but so long as I am fishing I should be OK, right?

Signs that are chained up across the river are clear enough. Is there an imaginary boundary a certain number of feet above and below a stocked section when there is no chain?

Thanks!

User avatar
coaltrout
Posts: 147
Joined: Fri Oct 12, 2018 2:47 pm

Re: Access question

Post by coaltrout » Sat Mar 14, 2020 9:08 pm

from what Ive heard/understand: Stocked waters doesnt overwrite posted property. The state will obviously stock where there's some public access, but it doesn't imply there's any more public access than there already is.

Ive also heard posted property extends to the river. Now sometimes one side of the river is posted and the other is public. in these conditions I just try and stay on the public side as much as possible.

One thing that always works is just being aware and mindful of people's property. There have been times where I'll start at a public access but end up going through posted signage. As bad as it sounds; it's not illegal if you cant get caught :mrgreen:
An easy way to get caught and to be disrespectful would be to walk right through their backyard, any piece of property that is clearly developed avoid. The opposite would be like in the middle of the woods with no view of their house- where I normally only walk through.

barkeater
Posts: 64
Joined: Fri Apr 20, 2018 9:08 am

Re: Access question

Post by barkeater » Sat Mar 14, 2020 9:39 pm

If property is posted you can't go on it even if you are wading in the water. If only one side is posted you can go along the non posted side as long as you don't cross over the middle. I know "how do you know where the middle is?" About your question on the 2 bridges, it sounds like the property in between is posted.

Troutman
Posts: 145
Joined: Wed Aug 01, 2018 5:40 pm

Re: Access question

Post by Troutman » Sat Mar 14, 2020 11:08 pm

Id just pass all together. So much public access waters. No need to step on someones property or club water. Just my .02 cents
Was known as Troutman1

PortMurrayAng
Posts: 67
Joined: Tue Apr 24, 2018 11:06 am

Re: Access question

Post by PortMurrayAng » Sun Mar 15, 2020 4:48 am

Thanks all but I mean the river. Wading from one stocked bridge down through and to, without stepping on dry ground, the the bridge below.

The musky is what I'm thinking of. Below Pt mnt TCA are several bridges with stretches that go through private property. Conceivably one could wade down to Narnia. Would that be legal?

Troutman
Posts: 145
Joined: Wed Aug 01, 2018 5:40 pm

Re: Access question

Post by Troutman » Sun Mar 15, 2020 9:09 am

Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
Was known as Troutman1

User avatar
BiggerThomas
Posts: 168
Joined: Wed Apr 18, 2018 1:44 pm
Location: Wherever somebody's struggling to be free...look in their eyes--you'll see me.

Re: Access question

Post by BiggerThomas » Sun Mar 15, 2020 9:21 am

Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
God have Mercy on the man who doubts what he's sure of.

User avatar
lightenup
Posts: 264
Joined: Thu Apr 19, 2018 12:35 pm

Re: Access question

Post by lightenup » Sun Mar 15, 2020 11:09 am

I have read sveral places in NJ. The property owner owns to the deepest thalweg, or the lowest elevation under the water. So if posted on both sides stay out. If oosted on one side you may paas but stay in the shallow water on the non-posted side..

barkeater
Posts: 64
Joined: Fri Apr 20, 2018 9:08 am

Re: Access question

Post by barkeater » Sun Mar 15, 2020 11:30 am

One of the main reasons that land becomes posted is that land owners become tired of all the trash. If you are fishing on private land which is not posted, don't leave garbage. You might want to pick up trash you find as well after covid 19 goes away.

joe_panella
Posts: 68
Joined: Wed Apr 18, 2018 3:08 pm

Re: Access question

Post by joe_panella » Sun Mar 15, 2020 7:40 pm

BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am
Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Montana laws are good for the fisherman. I believe you can follow the high water mark on any stream. Wyoming not so much. You can't even anchor your drift boat on private water.

garden hackle
Posts: 123
Joined: Wed Apr 18, 2018 5:50 pm

Re: Access question

Post by garden hackle » Sun Mar 15, 2020 8:02 pm

joe_panella wrote:
Sun Mar 15, 2020 7:40 pm
BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am
Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Montana laws are good for the fisherman. I believe you can follow the high water mark on any stream. Wyoming not so much. You can't even anchor your drift boat on private water.
It is Timisoara with Vermont, as long as you stay within 18 1/2 feet from the high water mark you are good.

Jaybird
Posts: 143
Joined: Thu Apr 19, 2018 10:23 am

Re: Access question

Post by Jaybird » Mon Mar 16, 2020 7:39 am

BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am
Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Huey Lewis is a doosh as is the owner of Cox Cable . 2 guys who buy prime land in Montana because of the beautiful land on a trout stream , knowing Montana has the high water mark wading law . Then lobby to change the law DOOSH !

garden hackle
Posts: 123
Joined: Wed Apr 18, 2018 5:50 pm

Re: Access question

Post by garden hackle » Mon Mar 16, 2020 8:16 am

garden hackle wrote:
Sun Mar 15, 2020 8:02 pm

It is the same with Vermont, as long as you stay within 18 1/2 feet from the high water mark you are good.
Damn eyesight and autocorrect!

User avatar
Rusty Spinner
Posts: 525
Joined: Wed Apr 18, 2018 6:35 pm
Location: Flanders, NJ
Contact:

Re: Access question

Post by Rusty Spinner » Mon Mar 16, 2020 10:44 am

PortMurrayAng wrote:
Sun Mar 15, 2020 4:48 am
Thanks all but I mean the river. Wading from one stocked bridge down through and to, without stepping on dry ground, the the bridge below.

The musky is what I'm thinking of. Below Pt mnt TCA are several bridges with stretches that go through private property. Conceivably one could wade down to Narnia. Would that be legal?
No. In NJ, the landowners own the bottom of the river's bed, so you cannot trespass. It is not the same as wading the West Branch in NY/PA, for example, where everything below high water mark is okay to wade.

Use this site to determine legal ownership. Unless otherwise deed stated, the owners will own "to the thread of the thalweg" which is not mid-point of the river at all times. The thalweg is the deepest part of the channel and it meanders within a river's banks side to side.
"A sinking fly is closer to Hell" - Unknown

User avatar
Rusty Spinner
Posts: 525
Joined: Wed Apr 18, 2018 6:35 pm
Location: Flanders, NJ
Contact:

Re: Access question

Post by Rusty Spinner » Mon Mar 16, 2020 10:46 am

joe_panella wrote:
Sun Mar 15, 2020 7:40 pm
BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am
Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Montana laws are good for the fisherman. I believe you can follow the high water mark on any stream. Wyoming not so much. You can't even anchor your drift boat on private water.
NJ's laws are just like Wyoming's laws. Same for most states.
"A sinking fly is closer to Hell" - Unknown

User avatar
Rusty Spinner
Posts: 525
Joined: Wed Apr 18, 2018 6:35 pm
Location: Flanders, NJ
Contact:

Re: Access question

Post by Rusty Spinner » Mon Mar 16, 2020 10:50 am

Jaybird wrote:
Mon Mar 16, 2020 7:39 am
BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am
Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Huey Lewis is a doosh as is the owner of Cox Cable . 2 guys who buy prime land in Montana because of the beautiful land on a trout stream , knowing Montana has the high water mark wading law . Then lobby to change the law DOOSH !
His other partner in crime was Earnest Schwab of the brokerage house by the same name. They lost in court and decided not to pursue it to higher courts where it was believed it would be held up as constitutional by that state. They bought ranches on what we call a ditch out West. Most ditches are relics of the cattle industry where ranchers tried to move all flowing water from their grazing lands into a man-made ditch. Turns out these ditches now hold wild trout, and when you hire a firm like mine, we can turn your ditch into basically a spring creek. We just finished two of these exact projects in the Gallatin Valley in MT recently. We narrow the ditch, build in meanders, import gravels for spawning, and sometimes add undercut bank habitat using engineered wood additions.
"A sinking fly is closer to Hell" - Unknown

User avatar
Rusty Spinner
Posts: 525
Joined: Wed Apr 18, 2018 6:35 pm
Location: Flanders, NJ
Contact:

Re: Access question

Post by Rusty Spinner » Mon Mar 16, 2020 10:50 am

Jaybird wrote:
Mon Mar 16, 2020 7:39 am
BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am
Troutman wrote:
Sun Mar 15, 2020 9:09 am
Technically the property underneath the water is still their property. If you float thru on a vessel without anchoring. You are not trespassing.
I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Huey Lewis is a doosh as is the owner of Cox Cable . 2 guys who buy prime land in Montana because of the beautiful land on a trout stream , knowing Montana has the high water mark wading law . Then lobby to change the law DOOSH !
His other partner in crime was Earnest Schwab of the brokerage house by the same name. They lost in court and decided not to pursue it to higher courts where it was believed it would be held up as constitutional by that state. They bought ranches on what we call a ditch out West. Most ditches are relics of the cattle industry where ranchers tried to move all flowing water from their grazing lands into a man-made ditch. Turns out these ditches now hold wild trout, and when you hire a firm like mine, we can turn your ditch into basically a spring creek. We just finished two of these exact projects in the Gallatin Valley in MT recently. We narrow the ditch, build in meanders, import gravels for spawning, and sometimes add undercut bank habitat using engineered wood additions.
"A sinking fly is closer to Hell" - Unknown

Jaybird
Posts: 143
Joined: Thu Apr 19, 2018 10:23 am

Re: Access question

Post by Jaybird » Mon Mar 16, 2020 10:56 am

Rusty Spinner wrote:
Mon Mar 16, 2020 10:50 am
Jaybird wrote:
Mon Mar 16, 2020 7:39 am
BiggerThomas wrote:
Sun Mar 15, 2020 9:21 am


I've always found this to be an interesting topic. I heard the law changes depending on what part of the country you're in (?). I remember reading years ago about Huey Lewis who owns/ed land in Montana--apparently it got pretty heated.
Huey Lewis is a doosh as is the owner of Cox Cable . 2 guys who buy prime land in Montana because of the beautiful land on a trout stream , knowing Montana has the high water mark wading law . Then lobby to change the law DOOSH !
His other partner in crime was Earnest Schwab of the brokerage house by the same name. They lost in court and decided not to pursue it to higher courts where it was believed it would be held up as constitutional by that state. They bought ranches on what we call a ditch out West. Most ditches are relics of the cattle industry where ranchers tried to move all flowing water from their grazing lands into a man-made ditch. Turns out these ditches now hold wild trout, and when you hire a firm like mine, we can turn your ditch into basically a spring creek. We just finished two of these exact projects in the Gallatin Valley in MT recently. We narrow the ditch, build in meanders, import gravels for spawning, and sometimes add undercut bank habitat using engineered wood additions.
The guy from Cox Cable his ditch was called the Ruby river .

User avatar
Rusty Spinner
Posts: 525
Joined: Wed Apr 18, 2018 6:35 pm
Location: Flanders, NJ
Contact:

Re: Access question

Post by Rusty Spinner » Mon Mar 16, 2020 11:04 am

Jaybird wrote:
Mon Mar 16, 2020 10:56 am
Rusty Spinner wrote:
Mon Mar 16, 2020 10:50 am
Jaybird wrote:
Mon Mar 16, 2020 7:39 am

Huey Lewis is a doosh as is the owner of Cox Cable . 2 guys who buy prime land in Montana because of the beautiful land on a trout stream , knowing Montana has the high water mark wading law . Then lobby to change the law DOOSH !
His other partner in crime was Earnest Schwab of the brokerage house by the same name. They lost in court and decided not to pursue it to higher courts where it was believed it would be held up as constitutional by that state. They bought ranches on what we call a ditch out West. Most ditches are relics of the cattle industry where ranchers tried to move all flowing water from their grazing lands into a man-made ditch. Turns out these ditches now hold wild trout, and when you hire a firm like mine, we can turn your ditch into basically a spring creek. We just finished two of these exact projects in the Gallatin Valley in MT recently. We narrow the ditch, build in meanders, import gravels for spawning, and sometimes add undercut bank habitat using engineered wood additions.
The guy from Cox Cable his ditch was called the Ruby river .
I was referring to the one Huey Lewis and others own.
"A sinking fly is closer to Hell" - Unknown

Jaybird
Posts: 143
Joined: Thu Apr 19, 2018 10:23 am

Re: Access question

Post by Jaybird » Mon Mar 16, 2020 11:56 am

Rusty Spinner wrote:
Mon Mar 16, 2020 11:04 am
Jaybird wrote:
Mon Mar 16, 2020 10:56 am
Rusty Spinner wrote:
Mon Mar 16, 2020 10:50 am


His other partner in crime was Earnest Schwab of the brokerage house by the same name. They lost in court and decided not to pursue it to higher courts where it was believed it would be held up as constitutional by that state. They bought ranches on what we call a ditch out West. Most ditches are relics of the cattle industry where ranchers tried to move all flowing water from their grazing lands into a man-made ditch. Turns out these ditches now hold wild trout, and when you hire a firm like mine, we can turn your ditch into basically a spring creek. We just finished two of these exact projects in the Gallatin Valley in MT recently. We narrow the ditch, build in meanders, import gravels for spawning, and sometimes add undercut bank habitat using engineered wood additions.
The guy from Cox Cable his ditch was called the Ruby river .
I was referring to the one Huey Lewis and others own.

I was being sarcastic

Post Reply